Consider what’s best for the child

Adoption isn’t about what parents want. It’s about the children and ensuring they always end up in a good home. 

When biological parents cannot or will not raise their children, the government grants family courts control over finding a solution. Judges take that responsibility seriously, and that means the adoption process comes with many checks and balances, all centered on the same goal: What’s in the best interest of the child? 

Judges use that question as a litmus test when assessing adoption requests. Factors include family history, emotional support, financial means and overall stability. Because adoption is such a significant responsibility, it’s important to think through these factors, along with your motives for adoption, before approaching the court. 

Adoption is more than custody

When a person is given legal custody of a child, known in Texas as conservatorship, that is not the same as adoption. Custody terms are set by the judge, and they come with limitations and the ability to be modified with a court order. 

Adoption, on the other hand, is permanent and has separate implications for parents. In the eyes of the law, an adopted child is treated the same as a biological child. An adopted child, for instance, has rights of inheritance with respect to parents’ property.

Get ready to get personal

Adoption is just one chapter of a child’s story, and the events that precede it can be tragic and contentious, ranging from abuse and violence to addiction and abandonment. These circumstances have a deep impact on how an adoption will shake out as the court attempts to protect the child. 

The process is also shaped by the stakeholders, to some extent. Biological parents, stepparents, grandparents, adult siblings and even the opinion of children themselves can drastically affect what is needed for an adoption. In Texas, a child can have no more than two parents, so depending on how these parties work together, other litigation may be involved. 

Not everyone is free to adopt

Before anyone can adopt a child, he or she must undergo a criminal background check. This raises any red flags the court needs to address. 

Those seeking to adopt must also prove they can provide for the child/children, so they will be required to provide financial records, as well.

Termination of parental rights

It’s worth noting that adoption is just one side of the coin. Accepting the role of legal parent often coincides with someone else losing their rights. 

In some cases, parents can voluntarily surrender their rights. In others, custodial or adoptive parents can file a lawsuit to have parental rights terminated. That can turn into a protracted legal battle, but with skillful preparation and execution, it can be worth it. 

For your termination request to stand a chance in court, start with the facts. Judges do not take this sort of decision lightly, and they are unlikely to revoke someone’s parental rights without clear and compelling proof. That said, there are several scenarios that prompt a judge to action. If a parent has a history of abandoning a child or puts that child in harm’s way, that can be grounds for termination, provided there’s evidence. Before filing a request, consult with an attorney to ensure your case is as strong as it can be.